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(영문) 대전지방법원 2017.10.12 2016구합104998
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is operating a convalescent Hospital C (hereinafter “instant hospital”) and a D oriental medical hospital in Gunsan-si B.

B. From September 17, 2014 to September 22, 2014, the Defendant conducted on-site investigations with respect to the Plaintiff from August 22, 2011 to July 2, 2014, subject to the investigation period.

C. On October 11, 2016, the Defendant: (a) against the Plaintiff, the instant hospital reported nursing classes differently from the actual ones in violation of the criteria for the classification of hospitalization fees according to the level of security of nursing workforce; (b) rendered a disposition imposing a penalty surcharge of KRW 319,178,320 on the ground that the instant hospital violated the National Health Insurance Act (Articles 41, 44, 45, 46, 47, etc.); (c) the Enforcement Decree of the same Act (Articles 19, 21, etc.); (d) the Enforcement Rule of the same Act (Articles 13, 16, and 19, etc.); (d) the Enforcement Rule of the same Act (Articles 16, and 19, etc.); (e) the Rules on the Standards for

(hereinafter “instant disposition”) D.

The detailed calculation details of penalty surcharges shall be as follows:

(2) On December 1, 2011, May 201, 201, 201, the details of the quarterly reports on nursing workforce and the details of the quarterly reports: (a) on the 2nd quarter of the 20th anniversary of the 20th anniversary of the 3rd anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 3rd anniversary of the 20th anniversary of the 20th 3rd anniversary of the 20th 3rd anniversary of the 20th 20th 4th 14th 20 of the 20th 2nd quarter of the 20th 4th 20th 4th 20 of the 2nd quarter of the 20th 2nd 4th 4th 20 of the 2nd quarter of the 20th 2nd 4th 14th 20 of the 2nd 2014th 2nd 2014 of the 2nd 24th 2044th 144.

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